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January 04, 2022

Wrongful Death Claims Time Limits

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Wrongful death lawyer

All civil actions, personal injury cases in wrongful death cases, have a time limit when they have to be filed by. This is true of almost anything you’re taking to court to file, so you should talk to your wrongful death lawyers, about your statute of limitations that your case has to abide by. It is important to type your wrongful death lawyer about this because sometimes exemptions and exceptions to the rule exist, and if your case falls into these exceptions or exemptions, you must ensure that your case is still filed in the appropriate manner.

But essentially when the statute of limitations runs out, you have no right any longer to sue on your claim. So to avoid this, speak to your wrongful death lawyer about your case and find out the statute of limitation laws for your case and your state.

Every state has their own statute of limitation. They may be more or less than you’re used to, so you speak with your qualified, wrongful death lawyer about your state’s laws.

What is the discovery rule in a wrongful death case?

Every single injury claim or death claim has a statute of limitations upon which they must be filed by as we learned above, however the discovery rule may be applied to a wrongful death case to determine if the decedent should know or know of the illness or injury before they died, and this allows the family or whoever is filing the case to start running the statute of limitations before the decedent has died. Essentially, this rule states that the statute of limitations on bringing this claim cannot begin until the date on which the person has actually discovered or should have discovered that something was happening to them, such as a death or injury. By doing this, you are no longer running the schedule limitation on the date when the wrongful act gave rise, or happened, but when it should’ve been discovered. This can sometimes give you more time to file your case. 

If you have trouble understanding the discovery rule on wrongful death cases, speak to your wrongful death lawyer about this issue.

Some special considerations in wrongful death cases

A wrongful death case is going to be viewed as a derivative action when it arises out of a personal injury action, and when this happens it may be time barred by the statute of limitations if the decedent had no claim at the time of their death because they failed to bring a personal injury claim forth. In some states, wrongful death actions based on product liability are subject to special limitation periods, and to know if this is the case you speak to your wrongful death lawyer. Furthermore, some states have statutes of repose which prohibit product liability claims if the product has reached a certain age, and this can prevent you from being able to file a wrongful death claim because of product liability in certain states.

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